Termination due to disability

[rockets14]

What is the name of your state (only U.S. law)? Utah

My dad worked at a company in Utah for about 1 month, then had a stroke and couldn't work anymore. His company terminated his position after 6 weeks because he doesn't qualify for FMLA. My questions are
1) Can the company do this? Does this count as disability discrimination?
2) His company have a short term disability plan (through a third party) which basically pays part of the salary while he is on disability. On the plan itself, it mentions that the employee will stop receiving these payments if the employment is terminated. However on the termination letter from the VP of the company it says that the termination of the employment should have no affect on his short term disability benefits. The HR also confirms this. So whos word should I take? the VP and HR's or what the plan says?

 

[cbg]

1.) Yes. No. If he is not eligible for protected medical leave, they are not required to hold his position for him

2.) In this case, the VP's and HR's. We went through this not long ago on another board. It is EXCEEDINGLY unusual for benefits to end with employment, and what I suspect you are looking at is an explanation that no FURTHER conditions will be covered, not that benefits for THIS one will terminate.

 

[rockets14]

Thanks for the quick response.
"We went through this not long ago on another board."
do you remember what board it was and maybe some key words? I would like to search for that thread and take a look to see how it pans out or if it might give me some help too.
Thanks

 

[cbg]

I remember which board it was but not the specifics.

I don't have time right now, but later tonight I should be able to run a search and post a link for you.